FINCH v. RYDER TRUCK RENTAL, INC.

1557 CA 09-01224

68 A.D.3d 1754 (2009)

2009 NY Slip Op 9853

891 N.Y.S.2d 218

FRANCIS G. FINCH, JR., et al., Appellants, v. RYDER TRUCK RENTAL, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Francis G. Finch, Jr. (plaintiff) when he fell during the course of his employment as a delivery truck driver. Plaintiff's employer leased its delivery trucks and trailers from defendants and, pursuant to their "Truck Lease...

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